Cross Border Arbitration & Enforcement

LawCite Advocates provides specialized legal services in cross-border arbitration and enforcement of foreign arbitral awards. We assist Indian and international clients in managing commercial disputes governed by international arbitration rules, as well as enforcing or resisting arbitral awards in India under the Arbitration and Conciliation Act, 1996, read with the New York Convention and UNCITRAL Model Law framework.

Arbitration Strategy and Representation

We advise clients from the pre-dispute stage, assisting in drafting arbitration clauses, selecting governing law, identifying seat of arbitration, and advising on procedural rules. We represent clients in institutional and ad hoc arbitrations governed by:

International Chamber of Commerce (ICC) Singapore International Arbitration Centre (SIAC) London Court of International Arbitration (LCIA) Hong Kong International Arbitration Centre (HKIAC) Dubai International Arbitration Centre (DIAC) UNCITRAL and ad hoc proceedings. Our lawyers act in arbitration matters involving supply contracts, shareholder disputes, investment agreements, construction and infrastructure projects, shipping and charterparty disputes, and international distribution arrangements.

Foreign Award Recognition and Enforcement

We advise on and initiate enforcement of foreign arbitral awards in India under Part II of the Arbitration and Conciliation Act, 1996. This includes:- 

Filing petitions for recognition and enforcement before competent High Courts Assessing enforceability under the New York Convention Defending enforcement on grounds of public policy, incapacity, or procedural defects Attachment of assets, execution, and enforcement strategy within India. We also assist Indian clients in coordinating enforcement of Indian awards abroad through our network of international partner firms.

Resisting Enforcement of Foreign Awards

We assist Indian respondents in resisting enforcement of foreign arbitral awards on limited grounds permitted under Section 48 of the Arbitration and Conciliation Act. These include:-

Lack of proper notice or incapacity of parties Award beyond scope of submission Violation of public policy of India Non-binding or suspended awards. We provide strategic guidance on raising objections within timelines and structuring appropriate defence before the enforcing court.

Jurisdictional and Procedural Challenges

We represent clients in applications relating to:

Interim measures in support of foreign-seated arbitration under Section 9 Refusal to refer disputes to arbitration under Section 45 Setting aside domestic awards under Section 34 when arbitrations involve cross-border elements Cross-jurisdictional conflicts, forum non conveniens, and anti-suit injunctions

Drafting and Vetting of Arbitration Agreements

We assist businesses in drafting robust arbitration clauses to ensure procedural efficiency and enforceability. This includes:

Choice of seat and venue Language and governing law selection Institutional vs ad hoc arbitration framework Multi-tier dispute resolution mechanisms

Practical Enforcement Scenarios and Complexities

Our experience includes dealing with challenging enforcement issues, such as:

Enforcing Indian-seated arbitral awards when the award holder is a foreign company with no branch or presence in India Seeking execution of awards in jurisdictions where the award debtor holds assets, even outside the arbitration seat Navigating delays and tactical objections during enforcement by the award debtor Coordinating with foreign counsel for enforcing Indian awards abroad under the New York Convention Strategic use of interim relief under Section 9 to freeze assets before they are dissipated Identifying and attaching movable, immovable, or bank-held assets of the award debtor Ensuring compliance with document authentication requirements (apostille, notarised POAs, certified awards) Addressing public policy objections in enforcement proceedings with persuasive judicial precedent

Jurisdiction of Enforcement in India and Role of the Supreme Court

Under Indian law, enforcement of arbitral awards, whether foreign or domestic, is typically handled by the High Courts:

Foreign-seated arbitration awards governed by the New York Convention are enforced under Sections 47 to 49 of the Arbitration and Conciliation Act, 1996, by the High Court having territorial and pecuniary jurisdiction over the award debtor’s assets. Awards from India-seated international commercial arbitration proceedings are treated as domestic awards and enforced under Section 36 of the Act. Interim relief under Section 9, applications under Section 45 (refusal to refer disputes to arbitration), and other related matters are also brought before competent High Courts. Appeals against High Court decisions may lie before the Supreme Court of India, but only in limited and appropriate cases. The Supreme Court does not handle original enforcement proceedings.

Where the asset value is below the High Court’s pecuniary jurisdiction, Commercial Courts under the Commercial Courts Act, 2015, may have jurisdiction depending on the location and facts of the case.

Even in international commercial arbitration, the enforcement of arbitral awards within India is governed by domestic procedural law. The High Courts exercise jurisdiction under the Arbitration and Conciliation Act, 1996 when it comes to enforcement, regardless of the foreign status of a party. The role of the Supreme Court arises only in specific circumstances and stages:

• Under Section 11(6) of the Arbitration and Conciliation Act, 1996, the Supreme Court is empowered to appoint arbitrators when the arbitration is classified as international commercial arbitration and the seat is in India, and the parties fail to agree on the appointment.

• Enforcement of foreign awards (where the seat is outside India) under Sections 47 to 49 is filed before the appropriate High Court, depending on the location of the award debtor’s assets. The Supreme Court does not exercise original jurisdiction in such enforcement matters.

• Appeals against enforcement or refusal of foreign awards (under Section 50), or against orders passed by the High Court in Section 37 appeals, may be heard by the Supreme Court.

• The Supreme Court may also be approached under Article 136 of the Constitution by way of Special Leave Petitions (SLPs) where substantial questions of law arise or when there is divergence in legal interpretation among High Courts.

Thus, while international elements may invoke the jurisdiction of the Supreme Court in appointment or appeal stages, enforcement proceedings remain within the domain of the High Courts, as per Indian procedural law.

For international commercial arbitration where one party is a foreign entity with no office in India, the Supreme Court has jurisdiction to appoint arbitrators under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996. However, the enforcement of arbitral awards whether arising from a foreign-seated arbitration (under Sections 47–49) or an India-seated international arbitration (under Section 36) must be filed before the relevant High Court in India that has jurisdiction over the award debtor’s assets. The Supreme Court does not entertain original enforcement petitions.

The Supreme Court’s role may only arise later in appeals, or in case of Special Leave Petitions against High Court orders.

Therefore, while the appointment of arbitrators in certain international contexts falls under the Supreme Court’s original jurisdiction, the enforcement of awards is handled through the regular civil judicial hierarchy, with High Courts functioning as the court of first instance for such matters.

Common Matters We Handle

Representation in SIAC, ICC, and UNCITRAL arbitrations Enforcement of foreign awards before Indian High Courts Objections to enforcement on public policy or procedural grounds Drafting arbitration clauses in cross-border commercial contracts Interim relief applications and anti-enforcement strategies Coordination with foreign counsel in overseas enforcement of Indian awards

Our Commitment

We bring domain-specific expertise and procedural clarity to international arbitration and award enforcement. Our approach balances legal strategy with commercial priorities, ensuring our clients are protected throughout the arbitration lifecycle from clause negotiation to final recovery. LawCite Advocates acts as a trusted partner for clients navigating complex cross-border dispute resolution.